SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Ker) 86

A.HARIPRASAD
Valia Koonambaikulam Sree Bhadrakali Temple, Kollam – Appellant
Versus
Rajendran – Respondent


Advocates Appeared:
For the Petitioners: K.V. Sadananda Prabhu, Sergi Joseph Thomas
For the Respondents: B. Suresh Kumar, Anuroopa Jayadevan

JUDGMENT :

1. Ext.P1 suit, instituted under Section 92 of the Code of Civil Procedure, 1908 (in short, “the Code”), has had a varied past as it is coming up for the third time before this Court since its institution in 2010. All the times, sanction of leave, under Section 92 of the Code, was under challenge for one reason or the other. This time the petitioners (defendants in the suit) have come up with this original petition, alleging that the respondents (plaintiffs in the suit) have not disclosed their interest in the trust nowhere in Ext.P1 plaint and a few sentences occurring here and there do not even remotely suggest the existence of any interest the plaintiffs said to have in the religious trust. It is therefore contended that one of the essential ingredients of Section 92 of the Code is missing in Ext.P1 and for the same reason sanction of leave as per Ext.P2 order by the Additional District Judge is legally unsustainable.

2. Heard the learned counsel for the petitioners and the respondents.

3. The suit is in respect of administration of Valiya Koonambaikulam Sree Bhadrakali Temple trust (1st defendant). In paragraph 5 of Ext.P1 plaint, it is mentioned that the status of the









































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top